Codicil advice please???

It's a hard conversation to have...but do you think, if asked outright, he would confirm that he WANTS to dis-inherit you (and your siblings)?

Which is basically what he'd be doing if he were to die first with no will. If he says YES, then at least you know where you stand with him...if NO, then he NEEDS to do a will ASAP to avoid that exact scenario potentially playing out.

Does he really understand the full implications of intestacy in this scenario, and what passes to whom and in what order, depending on the order they pass in.

littledi wrote: »

My dad and his wife have a joint will. If he goes first,she gets everything,and vice versa. My dad is very poorly,and is now upset that he hasn’t,in his words,catered for us,his children to his first marriage. He is under the impression,that the step monster, will divide his estate evenly . This will not happen!! One of her sons will have the house remortgaged,he is not someone anyone will say no to. He has already told my father,that when he’s dead,the house is his!!! So there you have it,the reason I need some help and advice. I was told my dad could sign something to say,he wishes his 50% of the estate to be divided between his children by his first marriage,but his wife can stay in the property as long as she wishes. Only when the property is sold ,would we receive anything. This way,the stepbrother could only remortgage his mother’s 50% share. I hope I have explained the situation better.

Father has a will & in all likelihood it's not 'joint' (can't recall the proper name for those, but as far as I know solicitors haven't been writing those for many, many years). As has been said, they're probably mirror wills, so he could change his if he wants to (even without her knowledge, his & hers aren't tied together), however...………..

Firstly you need to know how the property you speak of is owned, joint tenants or tenants in common. https://www.gov.uk/joint-property-ownership

If it is joint tenants & there isn't time to change that, then frankly you're stuffed as far as the property is concerned. The 'sign something' you refer to would be to create a Life Interest Trust (for the property), the link will make it clear why it's important you know how it's owned, he cannot leave others something he & his wife own jointly.

If any/all bank & savings accounts are also held jointly he'd have to move funds to A/C's in his sole name if he wants to leave any to other specific family (or give it to you now from the joint A/C's, but there's nothing you've said to indicate he'd want to do that).

If you genuinely cannot arrange for a solicitor to make a home visit then I'm afraid, frankly, there's very little (if anything) you can do. DiY documents created for any part of this could be challenged & likely to fail given the circumstances of your father's failing health.

Does make me wonder if their mirror wills were even produced by a solicitor, for one might have advised a different scenario to protect the interest of the current wife & shared offspring, plus their individual offspring.

I'm afraid you have too little knowledge of information required, therefore too many variables & too little time anyway. It's very sad, more so to be cut off from your father, unless she's done so because she feels too much materialistic duress is being placed on him?

Mojisola wrote: »

Could you talk this through with a solicitor and explain that you think your father's wife is being abusive by not allowing him private contact with his own children and refusing to allow him to change his will?

If you arranged a visit and arrived with a solicitor ready to talk through a new will with your father, would she still refuse entry?

A solicitor would need to speak to your father alone so neither you nor any other family member should be in the room with them.

You might also invplxensocial services as I believe this is a clear case of abuse. They are well used to dealing with this sort of situation. She would not be able to prevent them seeing him.